Bubbles&Creams– General Conditions of Sale
Foreword
The Bubbles&Creams Website is an e-commerce site that can be accessed through the Internet at the address www.bubblesandcreams.com. It is open to any user of the network. It is published by Bubbles&Creams society, Ltd with share capital of €7,500, registered with the Bayonne trade register under the number 505 347 930, and headquartered at the following address: 24, Rue Minerva. 64200. Biarritz. France.
The Website enables Bubbles&Creams to sell cosmetic products certified by ECOCERT Greenlife to people visiting the Website.
The Buyer, before ordering, declares to have the full legal capacity enabling him or her to respect these Terms and Conditions.
Any order of a Product proposed on the Website constitutes the acceptance of these Terms and Conditions, without forasmuch this acceptance being conditioned by the user’s handwritten signature. Pursuant to the provisions of articles 1316 to 1316-4 from the French Civil Code, completed by Order N°2001-272 of March, 30th 2001, taken for the application of article 1316-4 from the French Civil Code and regarding electronic signatures, it is hereby recalled that the validation of the order form, as specified under article 3.3 below, constitutes an electronic signature which between parties has the same value as a handwritten signature.
It is specified that the User can save or print these General Conditions, providing he or she does not modify them.
1. Purpose
These general conditions of sale are designed firstly to inform any potential consumer of the conditions under which the Seller sells and ships ordered products, and on the other to define the rights and obligations of Parties relative to the sale of products by the Seller to the Consumer. They apply unrestrictedly and without limit to all sales made by the company Bubbles&Creams of the products proposed on its Website.
The company Bubbles&Creams reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in effect at the time of ordering.
2. Products and prices
2.1. Products
Pursuant to article L. 111-1 of the Consumer Code, the User may, prior to his or her order on the Bubbles&Creams Website, learn of the basic characteristics of the product or products he or she wishes to order.
The Buyer chooses one or more products from the various sections proposed on the Bubbles&Creams Website.
The offers presented by Bubbles&Creams are valid for as long as stocks last.
2.2. Prices
The prices of the products available on the Bubbles&Creams Website, given in Euros, are those applicable at the time the Buyer fills out the order form.
They do not include shipping costs, which will be indicated just before validation of the order by the Buyer.
Prices include the rate of VAT applicable at the time of the order, and any change in rate will automatically be passed onto the price of the products sold by Bubbles&Creams on its Website.
For Switzerland, invoicing is ex VAT. At the time of the confirmation of the country of delivery, the amount given excludes taxes. Nevertheless, the Buyer will be required to pay Swiss customs duties upon reception of the parcel.
Bubbles&Creams may alter Product prices at any time. This change will be notified to the Buyer prior to any order.
3. Saving and validation of the order
3.1. Browsing on the Website
The User can learn about the different Products for sale on the Bubbles&Creams Website. He or she may browse freely on the different pages of the Website with no obligation to order.
All telecommunication costs incurred accessing and using the Website are at the User’s expense.
3.2. Order
Any order of a Product proposed on the Website constitutes the acceptance of these Terms and Conditions.
As soon as the User has registered his order by clicking on “Validate my order” or “Ok”, he or she is considered as having accepted wittingly and unrestrictedly the Terms and Conditions, prices, volumes and quantities of the products for sale and ordered.
If the User wishes to order, he or she will choose the different Products of interest and will show this interest by clicking on the button “Add to basket”.
At any moment, the User may:
-secure a recap of the Products he or she has selected or modify his or her order by clicking on “My basket”, displayed at the top of each page on the right.
- keep on choosing Products by clicking on “Resume my shopping”,
- finish selecting Products and place an order by clicking on “Validate my order” or “Ok”.
The Buyer will click on “Validate my order” or “Ok” to order the selected Products. A recap of the order will appear on the screen. If the list displayed matches the chosen Products, the Buyer will validate the recap by clicking on “Confirm my order” or “Ok”. The Buyer will then need to identify, either by giving his or her e-mail address and password if a member of the Customer Club, or by filling in the given form, on which he or she will give the information required for identification such as name and address.
The Buyer is informed and accepts that providing identification is regarded as a proof of identity and thereby a token of consent.
Once the Buyer is identified, an order form appears, summing up the details of the order: nature, quantity and price of the Products chosen by the Buyer, as well as the amount of the order, Buyer data and the delivery address.
3.3. Definitive validation of the order After checking the status of the order, and once all required information has been completed by the Buyer, the latter will click on “Confirm my order” or “Ok” for payment. He or she will then choose the preferred method of payment, necessarily one of the methods defined under article 4 below. They will click on the button corresponding to the selected method of payment.
The sale will be considered as definitive only after the order confirmation has been sent to the Buyer and the total amount of the order has been encashed by Bubbles&Creams.
Bubbles&Creams recommends that all Buyers keep this information on a paper or digital document.
Any fraudulent, or presumed to be fraudulent, order will be considered invalid by Bubbles&Creams.
4. Payment
Payment must be made by the Buyer during the ordering process. At no time may the paid amount be considered as a deposit or a payment on account.
All orders are paid in euros. The Buyer assures Bubbles&Creams that he or she disposes of all necessary authorizations required to use the chosen method of payment.
Bubbles&Creams reserves the right to suspend or cancel any order or delivery, whatever its nature and whatever the stage of processing, when an amount owed by the Buyer is not fully paid up, when a payment incident occurs or in the event of an ongoing dispute with the Buyer.
A penalty of an amount equal to the legal interest rate increased by five points may be applied to the sum due after a period of ten days following the date of invoice or as soon as rejection of payment is notified. The delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding these conditions of sale.
Bubbles&Creams reserves the right, for any order, to ask for a photocopy of the Buyer’s identity card or, if relevant, of that of the holder of the method of payment used by the Buyer. For amounts over €400, inc. of VAT, Bubbles&Creams reserves the right to ask for a certified photocopy of an official form of identity.
To fight online fraud, any information related to the order may be transferred to a third party for verification.
The method of payment tor the order is debit/credit card.
Cash cards accepted on the Website are Visa and Master Card.
Payment may be made by cash card, carried out using the CyberPlus Paiement secured system, an online payment tool supplied by the French Crédit Mutuel. This uses the SSL protocol (Secure Socket Layer) so that forwarded information is encrypted by a software program to prevent any third party from accessing data on the Internet.
The account of the Buyer will be debited on the day of the order.
5. Product choice
Having discovered the Products sold by Bubbles&Creams and their features, and having selected the Product(s) he or she wishes to buy, the Buyer shall assume full responsibility for his or her choice, made according to needs ascertained prior to ordering. Moreover, only the Buyer knows what products he or she owns and uses and is therefore the sole judge of compatibility between ordered Products and products owned. It is the Buyer’s responsibility, if he or she feels too unqualified to choose, to ask for advice.
6. Delivery and reception
6.1. General conditions
Products will be delivered at the address given by the Buyer on the order form. The destination must be coherent with the geographic zone previously indicated.
Invoices are automatically sent to the e-mail address specified by the Customer when registering.
Should the above procedures not be respected, no claim from the Buyer will be accepted.
6.2. Characteristics of the Colissimo system from the French GPO
The parcel is delivered to the Buyer’s home by post. In the case of absence, the Buyer or the recipient of the Product receives a slip that enables him or her to collect the ordered products at the nearest post office within 15 days.
At delivery, the Buyer should check, in the presence of an employee from the post office or of the delivery man, the state of the goods, the packaging and the content. If the Buyer has any doubt whatsoever over the state or content of the parcel, he is asked to:
- apply the Colissimo procedure (in particular owed damages, claims or reserves) and to refuse the parcel by immediately issuing an incident report to the employee (report 170) or at the nearest post office within 48 hours of reception.
- to notify Bubbles&Creams of the incident within 48 hours at the following address: Customer Service Bubbles&Creams specifying the order number.
6.3. Characteristics of Chronopost delivery
The parcel is delivered at the Buyer’s home by a delivery man from the Chronopost company and the Buyer electronically signs a receipt slip.
In case of absence, the Buyer or the recipient of the ordered Product receives a slip that enables him to contact the carrier and set another delivery date.
The Buyer should check, in the presence of the delivery man, the state of the parcel and the number of delivered parcels. If in doubt, the Buyer should refuse the parcel and notify Bubbles&Creams of the incident.
6.4 Delivery times
Delivery times, after confirmation of the order, are as follows:
-Colissimo from La Poste: 3 to 5 days for France; 5 to 7 days for other countries
- Chronopost: 2 to 3 days
All orders confirmed before 3pm, from Monday to Friday, except on legal holidays, are usually processed on the day of the ordering. All orders confirmed between Friday 3pm and Sunday evening are processed the following Monday, except if the Monday is a legal holiday.
These times are given for purposes of guidance only.
If these times are not respected, no damages may be claimed and the order may not be suspended or cancelled.
At all events, and pursuant to the provisions of article L. 121-20-3 from the Consumer Code, the ordered Products will be delivered at the latest 30 days after the order was registered, providing the full amount has been paid. If the delivery is not made on time, the Buyer has the possibility to cancel the order. The amount paid by the Buyer will be refunded immediately to the exclusion of any other form of compensation.
If the delivery is not made on time at the appointed date, the Buyer will need to inform Bubbles&Creams by mail or e-mail, thereby helping Bubbles&Creams to improve the quality of service and make enquiries with the carrier.
Any such enquiry may take up to 21 days. If during this time the Product has been recovered, it will be forwarded without delay to the delivery address given on the order form.
If the Product is not recovered before the end of the 21 days, Bubbles&Creams will proceed with a second shipping of the Products ordered by the Buyer, at the expense of Bubbles&Creams.
6.5. Unavailable Products
Products are proposed subject to availability. Should any one product happen to be unavailable, the Buyer will be informed as soon as possible. This information may be conveyed when he is placing his order
7. Right of retraction
Pursuant to article L. 121-20 of the Consumer Code, the Buyer has seven days, from the date of reception, to return, at his expense, all or any ordered Products for a refund.
Products must be returned to Bubbles&Creams in a perfect state of resale in their original condition (packaging, accessories, directions for use…), duly sealed and with a return number which the Consumer may obtain by following the procedure specified under article 8 below.
When a Buyer returns Products, any risk relative to the return of the Product(s) is accepted by the Buyer.
If the conditions stated above are respected, Bubbles&Creams will exchange the Product(s) and refund, within 30 days, the amount corresponding to the purchased Product(s).
8. Return of Products by mail
To return a Product, the Buyer should contact the company first to obtain a return number. This should be done by sending an e-mail to Customer Service Bubbles&Creams, specifying the order number and the reference of the Product(s), as stated on the order form.
Once the return number is known, the Buyer should send the parcel to the following address:
Bubbles&Creams
Customer Service
24, Rue Minerva.
64200. Biarritz. France
Bubbles&Creams will not accept any returned parcel with no return number. Likewise, Bubbles&Creams will not accept parcels for which shipping costs are still unpaid.
If the above-mentioned procedure and the specified time points are not respected, the Buyer will not be entitled to send in any claim for non-compliance or visible defect of the delivered Products, as in this case the Products are considered to be compliant and free of any visible defect.
9. Right of property
Bubbles&Creams shall retain the full property of sold Products until the full amount corresponding to the price of the Products is received, including costs and taxes.
10. Responsibility
Bubbles&Creams cannot be held responsible for the non-fulfilment of the purchase contract in cases of stock outage or product unavailability on account of force majeure, of disruption or of partial or total industrial action taken, in particular, by the postal services, shipping and/or /communication personnel.
Bubbles&Creams shall not be held responsible for any loss of data. It is the responsibility of the Buyer to save all necessary data.
11. Partial invalidity
If one or more provisions of these conditions of sale are considered as invalid or declared as such by the application of a law, a rule or after the decision of a competent court, the effect and scope of all other provisions shall remain unaffected.
12. Non-waiver clause
Should either Party fail to apply his right to enforce any clause in these conditions of sales, such a decision shall not be considered as a waiver of the said conditions either for the case at hand or in the future.
13. "IT and Liberties"
13.1. Nominative information Giving nominative information, collected through ordering online, is mandatory, as such information is necessary to process and deliver the order, and to issue the invoice. This information is strictly confidential. Missing information shall lead to the automatic rejection of the order.
Pursuant to Act N°78-17 of January 6, 1978, regarding IT, data and liberties, the processing of nominative information collected on the Website is the subject of a declaration to the CNIL (Commission Nationale de l’Informatique et des Libertés - National Board for IT and Freedoms). The User is entitled to access, modify, rectify and delete personal data. To implement this right, the User should write to the Customer Service at the following address: Bubbles&Creams. 24, Rue Minerva. 64200. Biarritz. France.
14. Intellectual property
Bubbles&Creams owns the intellectual property rights for the Website. Consequently, total or partial reproduction of the items contained on the Website, the use thereof and their submittal to third parties are strictly prohibited.
15. Applicable law and competent jurisdiction
The sale of Products by the Bubbles&Creams company is governed by French Law. Should any dispute arise over the construal, execution or breach of the contract between Bubbles&Creams and the Buyer, notwithstanding cases of plurality of defendants, and if no out-of-court settlement can be reached, the competent jurisdiction will be the courts of the registered office of Bubbles&Creams, i.e. the Bayonne Courts of Justice.